Inadmissibility to Canada: Charges Within Canada

Last updated: 28 August 2020

A previous charge on one’s record can render an individual inadmissible to Canada. But what if someone is charged with an offence and is already in Canada on a temporary permit, either working, studying, or visiting?

If an individual has already been admitted to the country, what effect does a determination of inadmissibility have on his or her status in the country, and what steps can he or she take to resolve the situation?

A police car outside Parliament Hill, Ottawa, Canada

When someone is charged with an offence within Canada, the individual is not inadmissible until he or she has been convicted for this offence. So the first course of action that can be taken to prevent being found inadmissible pertains to avoiding a conviction in the first place. One manner through which this may be accomplished is a legal opinion letter addressed to the judicial authority hearing the case.

If this does not work, and a conviction should result nonetheless, then the individual must take steps to remain in the country legally. In such a case, the individual cannot apply for criminal rehabilitation because he or she would not be eligible as the requisite amount of time would not have passed. Therefore, he or she can only apply for a temporary waiver that will excuse his or her inadmissibility and allow him or her to remain in the country legally. This is called a Temporary Resident Permit (TRP).

Being found inadmissible when an individual is already in the country presents a unique situation that must be dealt with in a different manner than typical inadmissibility cases.

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